SRI. SAJEESH.K.P : MEMBER
The Complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to refund Rs.4499/- and also pay Rs.5000/- as compensation for mental agony.
The complainant in brief :
The complainant after completing his +2 course, he contacted OP to join their KEAM END GAME 4.0” and as per their instruction, complainant paid Rs.4499/- as the online course fee through complainant’s father’s G pay account. The said amount was paid on 5/4/2024 and the complainant got a message of debited amount. After that complainant tried to join the online class through OP’s online app and he failed to join since complainant got a message that the payment was unsuccessful as you could not complete it in time. From that day onwards, complainant contacted OP to get his refund. Every time, OP replied that refund will be reflected with 5 to 7 days of transaction which was not reflected till May 8,2024. Meanwhile, complainant could not join or register with KEAM exam, and suffered a lot of hardship. Hence this complaint.
After filing the complaint, commission sent notice to OP. The OP received the notice and not appeared before the commission and not filed any version. The commission had to held that the OP has no version as such this case came to be proceed against the OP is set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 3 documents marked as Exts.A1to A3. The complainant was examined as PW1. So the OP remained absent in this case. At the end the commission heard the case on merit.
Let us consider the evidences before the commission in order to answer the issue of deficiency in service. On the perusal of complaint and proof affidavit and Exhibits , the complainant’s claim of remittance of Rs.4499/- can be looked into. As per Ext.A1 dtd.5/4/2024 it is apparent that Rs.4499/- was credited to the OP’s account. According to complaint and proof affidavit, complainant was not able to join the online class of OP for KEAM exam because of some issues crept in the transaction which was made on the last date of online registration of OP and also he couldn’t register the KEAM exam. Moreover complainant stated that as he couldn’t join online classes of OP, he demanded the refund and it was intimated that it will refund within 5-7 business days, which was not fulfilled until May 8th of 2024. The complainant filed the complaint before the commission on 2/5/2024 and the commission sent notice to OP which was duly served and the complainant in his proof affidavit stated that on 9th May 2024 he received Rs.4499/-. Hence the commission is in the view that ,the complainant denied service by OP even after the repeated demands and only get refund after the filing of complaint. So the commission came into a conclusion that the complainant is entitled to get compensation for the delayed act of OP.
In the result the complaint is allowed in part. The opposite party is directed to pay Rs.5000/- as compensation to the complainant for their delayed service within one month from the date of receipt of this order. In default the amount of Rs. 5000/- carries interest @7% per annum from the date of order till realization . Failing which complainant is at liberty to file execution application against the opposite party as per the provisions of Consumer Protection Act 2019.
Exts
A1-Copy of successful payment screen shot
A2- Copy of failed screen shot
A3- copy of expired payment screen shot
PW1-Rohith.K.P-complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
